How does PREA define sexual harassment in confinement?

• A. Harassment is any non-sexual behavior that is inappropriate.
• B. Unwanted sexual advances, requests for sexual favors, or other conduct of a sexual nature that is severe or pervasive and occurs in confinement settings.
• C. Casual flirtation between inmates.
• D. Sexual harassment is only considered if there is physical contact.

Answer: (B)

In PREA, sexual harassment in confinement is defined as unwanted sexual advances, requests for sexual favors, or other conduct of a sexual nature that is severe or pervasive and occurs in confinement settings. This means any conduct that is sexual in nature, not welcomed by the recipient, and strong enough—either on a single occasion or through repeated behavior—to disrupt the person’s safety, rights, or participation in confinement activities. It can be verbal or nonverbal, and it does not require physical contact.

Non-sexual behavior that’s merely inappropriate wouldn’t fit this definition because it isn’t sexual in nature. Casual flirtation isn’t harassment unless it becomes unwanted and meets the severe or pervasive threshold. And harassment isn’t limited to physical contact; many prohibited acts are non-physical, like explicit comments or gestures, as long as they’re unwanted and meet the severity or pervasiveness standard.